Parole and mandatory
supervision are complicated areas of law and virtually each time the
Texas Legislature meets, the laws change -- usually by becoming more
restrictive. It's important to know that the
parole laws in Texas are unique to Texas and the rights and procedures
that exist in other states do not exist in Texas. "Parole hearings" --
where the prisoner and his lawyer appear in an open forum before the
voters and state their case for parole -- do not exist in
Texas. Rather, in Texas the process is "closed" and secretive. As a
result, there are many misconceptions about the parole review process.
A prisoner's "parole eligibility date" is the date
that he becomes eligible for parole consideration. Prisoners do not
need to take any action to become eligible for parole. The parole
eligibility date will be calculated by the Texas Department of Criminal
Justice.
Some prisoners choose to
conduct their own investigation and/or preparation of parole materials
for the Board of Pardons and Paroles, particularly when the case is
non-violent, non-sexual and non-aggravated.
However, when the offenses are violent or sexual, or
the cases are more complex, or complicated by lengthy criminal
histories, poor institutional adjustment, extensive media coverage or
other extenuating factors, many prisoners hire lawyers to represent them
before the Parole Board.
When Erick is hired for parole representation, she investigates
and prepares the cases himself. He does not allow secretaries or
legal assistants to do the work for which she is hired.
Erick meets with and interviews the Client at his unit
of assignment. During the meeting she and the Client go over his
social, educational and family history. They will thoroughly discuss
the Client's criminal history, prior incarcerations, prior probations
and prior periods of parole, as well as any prior probation or parole
revocations. They will go through the details of the offense, the facts
of the crime, the people involved – other culpable parties,
co-defendants and/or victims. They will discuss how the trial
proceeded, any plea offers before the trial, institutional adjustment,
disciplinary history, history of unit assignments, job assignments and
custody levels and classifications. He and the Client will also
discuss potential obstacles to parole, such as victim or trial official
protests. (Trial officials are the judge of the court where the Client
was convicted; the district attorney of the convicting county; and the
sheriff of the convicting county.) Together they will develop a
strategy for the parole review. Each Client is unique so each case is
unique. The circumstances and persuasive arguments that apply in one
person's case, may not be appropriate in another person's case.
Erick always requests to meet with the lead voter
of the Parole Panel. While the Parole Board is not required to grant the
requests, the Board voters usually do so and allow for a meeting either
in person or by phone. In most cases, the Client's family also attend
the meeting. At the meeting, Erick will present the facts
and arguments in support of parole and the family will have the
opportunity to address the Board voter.
If you have any questions about parole
representation, or for information about the fee for representation in
your case, please contact Erick Platten. (903) 593-9100
